After Debate, Oak Bluffs Lets New Business Hook Up to Sewer

In a decision that weighed environmental concerns against business interests, the town of Oak Bluffs will allow developers of a new bowling alley to hook up to the town sewer.

Following heated deliberations Thursday afternoon, the wastewater commission voted 2-1 to extend sewer lines to Uncas avenue, a street off Circuit avenue that was not approved for sewering.

“It was always part of our mandate to give preference for commercial applications,” said commissioner Robert Iadicicco said. “On that basis, I tend to favor the project.”

New bowling alley is scheduled to open this spring.
— Mark Lovewell

Before casting the dissenting vote, commissioner Gail Barmakian pleaded with her colleagues to reserve sewer capacity for houses in the Lagoon Pond watershed, where excess nitrogen leaching from residential septic systems threatens the health of the pond.

“The landscape has changed,” Ms. Barmakian said. “Our priority should not necessarily be hooking up new businesses on unapproved streets.”

She said the decision represented an unprecedented departure from wastewater policy that would “open up a can of worms.”

The Martha’s Vineyard Commission still has to sign off on the change, having approved the project as a development of regional impact with different wastewater conditions. The original plan included advanced de-nitrification treatment, a costly septic system designed to reduce nitrogen discharge. But after developers won approval from the MVC, they went back to the town for the less expensive alternative in the form of a town sewer hook-up.

On Monday this week the commission land use planning subcommittee voted to recommend allowing the change with no new public hearing. The full commission is expected to vote on the matter at its meeting on Thursday this week.

Speaking before the board last Wednesday, bowling alley developer Sam Dunn said sewering the Lagoon was a laudable goal, but questioned the relevance of his project to that effort.

“I don’t think this project jeopardizes that plan one whit,” he said. “It’s just one small drop in the ocean.”

In all, the town wastewater plant is set up to treat as much as 370,000 gallons of wastewater per day.

Reserving 3,200 gallons per day for the bowling alley, as well as enough capacity for buildings on approved streets that are not yet hooked up to the sewer, the plant is left with about 38,580 gallons per day in capacity for other projects.

But those calculations rely on the addition of two new effluent beds adjacent to the treatment plant, a project still pending approval. Absent that approval, the town sewer’s excess capacity falls to 10,500 gallons.

In testimony that echoed Ms. Barmakian’s remarks, Oak Bluffs shellfish committee member Bill Alwardt said the town shouldn’t be giving away any excess wastewater capacity.

“I would hope you commissioners would start thinking about the future of the ponds,” Mr. Alwardt said. “In my lifetime, I think we are going to lose the Lagoon.”

But Mr. Iadicicco said he wasn’t convinced that Lagoon residents would opt to sewer, considering the limitations it poses for home expansion.

“I don’t see people storming our gates for permission to build and connect,” he said.

Ms. Barmakian said soon, homeowners would not have a choice of whether or not to sewer, rather it will be a matter of compliance with studies that have shown that sewering is required to limit nitrogen pollution.

“It’s not going to be a choice of whether somebody wants to hook in,” she said.

But her fellow board members pointed to a lack of data and cost estimates.

“Quite frankly, I would love to have the capacity with which to sewer the Lagoon and Sengekontacket, and do all of those things, they need to be done, there is no question about it,” said commission chairman Hans Von Steiger. “The question is, where do we spend the dollars and where do we get the dollars.”

The Barn Bowl & Bistro, is expected to open for business this spring.

Comments (23)

Earl Anthony

Something doesn't add up here. Did the sewer people forget to count the businesses already hooked up to sewer who might send more "business" their way? Carly Simon and some local hotelier are well on their way to reopening an old movie house in OB, and they are doing it through a non profit with great community support. Not just movies. Community events. That will have to increase the load on the sewer! Next door, JB Blau has repurposed a hardly used event space (to the delight of islanders!) as a year round bar and pool hall. Dreamland, now The Loft, has a 500 person capacity! It dwarfs the bowling alley! Somehow, it looks like the sewer bosses forgot to include the increased flow from current customers. I hope this gets resolved soon, or it could be One Smelly Summer!

MY opinion: And I quote “The landscape has changed,” Ms. Barmakian said. “Our priority should not necessarily be hooking up new businesses on unapproved streets.”
The emphasis should be in my opinion hooking up the homes who have waited yrs to be hooked up on around Lagoon pond and County Road. You (Mr.Dunn) make an agreement and then after pledging YOUR WORD to be allowed to build your building you then are disingenuous and want the disavowal the original agreement. The MVC should NOT allow this shell game and tell Mr. Dunn you made an agreement and now you disavowal your agreement, so unless you keep your word we not approve this last minute change. PS: In my opinion Ms. Barmakian deserves a big thank you for not allowing this farce.

Have to agree.
Looks like the "conditions" agreements written by the MVC are not worth the paper they are written on. How can Mr. Dunn be allowed to get away with this obvious show of bad faith? The conclusion is inescapable that Mr. Dunn hid his real intentions when he went before the MVC, knowing that he would have leverage to get his way once the building was half built. Very poor precedent for all involved, especially the MVC and the OB town board. But also for Mr. Dunn, who can't expect to be trusted next time he proposes a project and especially not if it involves going before the MVC.

What is the point of agreeing to a condition and a decision based on that agreement if the developer can go to another board and get a change. Seems disingenuous at best. Deceptive practice at a minimum. The MVC needs to deny the poor decision (exception for Gail, bravo to her) by the OB wastewater board.

The $300k denitrification system was factored into the developers business plan. Do you think he will lower his costs now that he doesn't have to install it? Fat chance. It worries me more that the wastewater department seeks to take on additional treatment burdens when it is unnecessary. Connecting to the sewer wasn't needed for this project to be successful. So why vote to take on the burden? It will now cost those who are hooked into the treatment system more money to offset the additional treatment costs and the lack of treatment capacity now means more money will need to be spent on nitrogen reduction measures for the ponds. Win for the developer. Loss for wastewater customers and the environment.

As a high water user waste water customer I applaud this decision. As a high water user I have to pay $48,000 for the construction of the plant while new homes that hook up pay $2,500. My per gallon rate is three times what a low water user pays and the bowling alley will also pay this higher rate. My lodging business also pays state and local taxes. Go around the houses on The Lagoon, and ask them how much they want to pay to hook up to the sewer. I imagine they will tell you nothing. If you reply please tell us how much your waste water bill is.

Hi Erik,
The houses waiting to be sewered also pay taxes. I unfortunately am one of those houses not yet on sewer. You are correct about this project adding a large amount of money to the wastewater plant, (more than residents pay) however it won't lower costs for you or those already paying in, in fact it may raise costs as the state mandates pond nitrogen limits and capacity becomes a premium, and I'll go back to the original thought, why did they vote to take on this burden when it was unnessessary? This building was signed off as having an advanced treatment process. Better then residential houses can afford. There was no wastewater problem with this building, as approved by the mvc. And worst, this decision was made at the expense of our water quality health. When our ponds are dead, full of thick algae and smelling putrid, do you think tourists will want to visit our island and stay in your establishment? Without clean water and clean ponds, the tourist industry, among others, will surely disappear.

You may pay taxes but you don't pay waste water water bills. The sewering of The Lagoon will take time and money. The bowling alley is right now and will bring in more money. My user fees are paying for the planning of the sewering of The Lagoon when it should be spread out around the town equally.

Bravo Deshandra ! Should OB let every new development it passes suddenly decide to save $300 k they originally agreed to with the town ? Waste water management is one of the most critical issues on the Island. Just as every real estate sale kicks money to land preservation so should funds be earmarked to this arena from any commercial development.

I am writing this as a holder of two certificates in Turfgrass Management from UMass and a Commercial Turfgrass Certification from the state of Massachusetts. If you look at the UMass publication “Lawn & Landscape Turf BMPs” you will see that I am also credited as a project assistant in the creation of this comprehensive guideline. ..The very guideline that our regulations were supposed to be consistent with. I say supposed to because there are several areas where they clearly are not. But, by putting it through the board of health, they were able to skirt around that legal requirement....smart, yes. Deceptive...maybe.
So, now I have to ask... How is it that at the exact same time that the Martha’s Vineyard landscape community is being forced into a corner with our hands tied, unable to make professional, science-based management decisions because of the new fertilizer regulations, (The MVC got sold a bill of goods by the Board of Health with that one.) the Wastewater commission has filed for state approval of newly developed “Sub-Par” leaching fields! Say...WHAT? So, let me get this right...the little guy (Fertilizer run-off can be accountable for no more than 5-10% of the nitrate entering our ponds,) gets beaten with a stick while the major contributor (septic is accountable for 85% or more of the nitrate entering our ponds) gets a “get out of jail free” card?? Does anyone else see the gross irony & inconsistency here?
Some of those who are responsible for the regulations will stick their chests out in pride with their “accomplishment”, while the people knowledgable in the science of turfgrass management (which includes strong weight towards environmental concerns...by the way,) scoff at how inconsistent the regs are with our knowledge and thinking. What did they really accomplish? A warm fuzzy feeling? The bragging rights to say “Look we’re doing something about this.”?? They have not, and will not, achieve any reduction in the nitrate levels in the ponds with this regulation. In fact, what may very well happen is that the degradation in turfgrass quality surrounding our ponds will lead to an increase in soil erosion, pesticide run-off & you guessed it...nitrate run-off & leaching. An excellent job well done...Hats off!
But, lets move on to the bigger picture, shall we? Leaching from septic. This IS the real problem. What can we do about it? How about focusing restrictions on this major contributor to our problem, and NOT relaxing standards and filing for variances. In this day & age, with all our concerns...who’s decision was it to construct “Sub-par” leeching fields in the first place? And who approved the construction?? And why, suddenly, has the wastewater commission changed it’s tune from “We will wait for state approval of our request for a variance.” to now, just two weeks later; outright approval of the bowling alley’s ability to tie into the sewer system. And all of this only 10 months after the MVC approval of their project which was based, in large part, on their promise of a zero nitrate output from their fancy, state-of-the art septic treatment system?
So what fuels this pathetic inconsistency? Yup, like everything else...money. Do you think the fact that there is $250,000 on the table in this one particular hand of poker has anything to do with it? If we are truly concerned about the health of our ponds, let’s start moving things in the right direction by refusing to allow this post-facto change to the promise that the developers of this project made to the island, and the MVC; a zero nitrate output. Then, petition the state to dis-allow the use of the leeching fields until they are re-designed and re-constructed to meet current standards and output levels. I think that would be a good start. And, then, let’s take another look at these fertilizer regulations and make the changes necessary to bring them into consistency with the UMass guidelines ...which it was legally required to do in the first place.
Steve Anagnos
Lawn Care Pros, LLC

Having attended more than one hearing on this project, I think it's audacious of the developer now to claim hardship about a condition of his approval to build. The democratic process, as represented by the MVC, worked -- the business was approved with conditions. Those conditions reflected the will of the community -- not just the sewage situation but soundproofing, parking, etc. For the developer to cry poor after the fact -- after promising to operate his business in a specific way in order to be allowed to go forward -- is dirty pool (no pun intended, though it sort of works!). If the town grants his request, then what did all of those public hearings amount to? Why would anyone respect the MVC going forward?

This decision is just plain wrong. It is as though the Republican denier contingent has infiltrated the town. To hell with the environment, to hell with the Lagoon, to hell with Sengekontacket, in fact, to hell with the Commission. To hell with everything. This project was approved with that condition, something which sought to at least balance partially the damage done to the home values and lives of the people whose homes are adjacent and whose impacts were ignored. The whole thing stinks to high heaven.

Senge and Lagoon Pond are really important to the health of the island, and to its economy. The MVC called this one right when they sought to mitigate pressures on the ponds.
This is from a book I wrote but never published and in these sentences it touches on the importance of salt marshes in our ponds.
Marshes are ecologically and economically important because they regulate the exchange of water, nutrients, and waste between dry land and the open ocean. They filter and absorb nutrients and pollutants, and buffer coastlines from wave stress and erosion. We see this in the marshes where we live. Behind our house are marshes and they grow and shrink with the years, wind and waves. Sometimes calamities befall them like when an errant wreck alights upon them and can not be moved due to circumstances of tide, of weather, of means.
In our locale on Martha's Vineyard, the eel grass, an incubator of sea life is almost totally absent.1 ============
Salt marshes provide for some of the most productive ecosystems in the world converting millions of tons of carbon dioxide to reduced carbon compounds. They rival the protective carbon dioxide absorption quality of rainforests. These reduced carbon compounds that the marshes create are what form the basis of the food web that supports uncountable species of aquatic life. And tidal marshes provide nursery grounds for countless species of fish and invertebrates (such as crabs, lobsters, shrimp, starfish, snails, sea worms and other sea animals without skeletons) as well as being an important link in the migration process of birds – especially waterfowl . They are among the most biologically productive ecosystems in the world, producing more biomass per area than most other ecosystems.

When elections aren't competitive, issues aren't openly discussed and officials begin to operate as if they are answerable to no one. When was the last time there was a contested race for Wastewater Commissioner in OB?
Even if the future of sewering the homes around the Lagoon is still uncertain, this decision clearly violates OB Wastewater policy as well as the conditions set for approval of the bowling center by the MVC.

I'm "from away" and have very little standing (or sitting)in this debate, but I've learned a lot by reading and I have an idea, however naive it may be. Can Oak Bluffs enact a "special use" fee for its waste disposal service? I'm thinking of a fixed minimum annual fee, not a one-time hook-up charge. This fee might be based on a formula that takes into account residual system capacity, rather than present operating costs alone. The owner, in this particular case, would be able to recover the expense with a standard per-game surcharge.

A court injunction to cease construction of the connection should be forth coming from any number of groups that serve the public interest . We saw how quick a dock got built in Edgartown harbor. This maneuver was long ago planned. Hook up at minimum protocol generates annual fee if any court is paid off to let construction go through . Destruction of wetlands is federal issue. Call your Congressman folks, NOW !